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needtoknownow · May 12, 2008, 11:09 AM

I recently purchased a house that was built pre-1950 and my broker did not provide lead paint disclosure information to me. When I went to list the house for rent, I was provided this information so had the house tested and found out there was lead paint present. Do I have any recourse against the broker.

The seller paid $500 at closing rather than provide the property condition disclosure form.

To be clear, I am asking about any action I could have against the broker for failure to provide disclosures required in NYS.

progunr · May 12, 2008, 11:15 AM

Sounds like you accepted an "as is" sale on this property?

If this was a required legal form, and she could avoid it by paying $500 of the closing costs, I'm not sure you have any recourse.

If the payment of $500 in no way over-rides this legal requirement, then you could prevail.

I would consult with an attorney, most will give you a free initial consultation.

froggy7 · May 12, 2008, 01:08 PM

I also think that the OP may not fully understand what the "lead paint disclosure" is. If it's anything like what I have gotten in Texas and California, all it says is that the building was built before 1978, and that there "may" be lead paint present. If you want to know for sure, you will need to have a professional test for it. And if it is present, you can do X, Y, and Z.

Now, when I went to sell my house in Texas, I was told I could pay the $500 fee, which would get me out of having to do any disclosures, but would make the house more difficult to sell. If it was clearly disclosed that the seller had done that, then I think that the broker did not do anything wrong in this case.

Also, if I were purchasing a house built pre-1950, my assumption would be that it had lead paint in it somewhere. Probably covered up by several other layers of paint, but one of those layers would have lead. What you do with that assumption is up to you, and depends on your ultimate goal in buying the place.

So... would knowing that it was possible that the spot had lead paint have changed your decision on buying the place? If not, then not having the disclosure is really meaningless.